Atlantic Highly Migratory Species; Bluefin Tuna General Category Effort Controls and Related Regulations, 47095-47105 [2024-11870]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 89, Number 106 (Friday, May 31, 2024)]
[Rules and Regulations]
[Pages 47095-47105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11870]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 240522-0143]
RIN 0648-BM66


Atlantic Highly Migratory Species; Bluefin Tuna General Category 
Effort Controls and Related Regulations

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: In this final rule, NMFS is modifying the process of 
scheduling restricted-fishing days (RFDs) by codifying a schedule of 
RFDs for the 2024 fishing year and subsequent fishing years, setting an 
additional non-codified RFD for the 2024 fishing year, establishing a 
General category default retention limit for large medium or giant 
bluefin tuna (BFT) on open days (i.e., non-RFDs), and clarifying the 
BFT dealer regulations and the definition of a bluefin statistical 
document (BSD) tag. This final action is necessary to increase the 
likelihood of pacing General category landings to extend fishing 
opportunities through a greater portion of the General category time 
period subquotas. Lastly, this final action clarifies existing 
regulations to ensure better understanding and compliance by General 
category quota participants.

DATES: This final rule is effective July 1, 2024.

ADDRESSES: Additional information related to this final rule, including 
electronic copies of the final rule, and supporting documents, are 
available from the Atlantic Highly Migratory Species (HMS) Management 
Division website at https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species, on https://www.regulations.gov (enter ``NOAA-
NMFS-2024-0021'' in the Search box), or by contacting Larry Redd, Jr., 
or Erianna Hammond (see FOR FURTHER INFORMATION CONTACT section).

FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., [email protected], 
or Erianna Hammond, [email protected], at 301-427-8503.

SUPPLEMENTARY INFORMATION:

Background

    BFT fisheries are managed under the 2006 Consolidated HMS Fishery 
Management Plan (FMP) and its amendments pursuant to the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act; 
16 U.S.C. 1801 et seq.) and consistent with the Atlantic Tunas 
Convention Act (ATCA; 16 U.S.C. 971 et seq.). HMS implementing 
regulations are at 50 CFR part 635. Section 635.23 describes the daily 
retention limits for BFT including retention limits on RFDs. Section 
635.27 divides the U.S. BFT quota, established by the United States and 
other members of the International Commission for the Conservation of 
Atlantic Tunas (ICCAT), among the various domestic fishing categories 
per the allocations established in the FMP and its amendments. Section 
635.27(a)(1) defines and describes the General category quota for BFT. 
NMFS is required under the Magnuson-Stevens Act at 16 U.S.C. 
1854(g)(1)(D) to provide U.S. fishing vessels with a reasonable 
opportunity to harvest quotas under relevant international fishery 
agreements such as the ICCAT Convention, which is implemented 
domestically pursuant to ATCA.
    On February 23, 2024, NMFS published a proposed rule and released a 
Draft Environmental Assessment (EA) (89 FR 13667, February 23, 2024). 
The proposed rule and Draft EA contain background information on the 
potential changes to the General category fishery and are not repeated 
here. The comment period for the proposed rule closed on March 25, 
2024. NMFS received 34 written comments as well as oral comments during 
the public hearing held by webinar on March 18, 2024. The comments 
received, and the responses to those comments, are summarized in the 
Response to Comments section.
    In developing the final measures, NMFS considered the objectives of 
this rulemaking along with public comments on the proposed rule and 
Draft EA. After reviewing this information, NMFS has concluded that the 
codification of a

[[Page 47096]]

three-day default RFD schedule from July 1 through November 30 on 
Tuesdays, Fridays, and Saturdays is warranted to accomplish the 
objective of extending fishing opportunities through a greater portion 
of the General category time periods, and this final rule implements 
such codification. Additionally, NMFS believes that the addition of a 
fourth RFD per week on Sundays is appropriate in 2024 in order to 
further this objective and gather additional information about how the 
fishery operates with 4 RFDs and determine whether it would be 
appropriate for the future. As such, this final action implements 4 
RFDs each week in 2024: Sunday, Tuesday, Friday, and Saturday from July 
1 through November 30. At this time, Sunday will be an RFD only in 
2024. After November 30, 2024, NMFS will consider whether a fourth RFD 
per week is needed in future years and whether Sunday should be that 
day. More information regarding this modification to the proposed rule 
can be found in both the ``Response to Comments'' and ``Changes from 
the Proposed Rule'' sections.
    In brief, the final management measures implemented in this rule 
are: (1) the codification of a default regulatory RFD schedule 
consisting of every Tuesday, Friday, and Saturday from July 1 through 
November 30 of each year; (2) the setting of an additional non-codified 
RFD specifically in 2024 on every Sunday from July 1 through November 
30, 2024; (3) the establishment of a General category default daily 
retention limit of three large medium or giant BFT per vessel on open 
days in June and one large medium or giant BFT per vessel on open days 
for all other months in time periods where the fishery is open (i.e., 
January through March and July through December, noting that the 
General category BFT fishery is not open during the months of April and 
May); and (4) the clarification of BFT regulations regarding dealer 
activities on RFDs and the definition of a BSD tag. On an RFD, Atlantic 
Tunas General category permitted vessels may not fish for (including 
catch-and-release or tag-and-release fishing), possess, retain, land, 
or sell BFT. However, on an RFD, Atlantic Tunas General category 
permitted vessels may fish for, possess, retain, land, or sell other 
Atlantic HMS tunas (e.g., bigeye, albacore, yellowfin, and skipjack). 
Furthermore, on an RFD, HMS Charter/Headboat permitted vessels with a 
commercial sale endorsement also are subject to these restrictions and 
may not fish commercially for BFT under the General category 
restrictions and retention limits. However, such vessels may still fish 
for, possess, retain, or land BFT when fishing recreationally under 
applicable HMS Angling category rules.
    As described in the Responses to Comments below, NMFS made one 
change to the preferred alternatives between the proposed and final 
rule, based in part on public comments. The specific change is 
described below in the section titled ``Changes from the Proposed 
Rule.''
    NMFS has prepared a final EA, Regulatory Impact Review (RIR), and 
Final Regulatory Flexibility Analysis (FRFA), which analyze the 
anticipated environmental, social, and economic impacts of several 
alternatives considered for this final rule. The full list of 
alternatives and their analyses are provided in the final EA/RIR/FRFA 
and are not repeated here. A summary of the FRFA is provided below. A 
copy of the final EA/RIR/FRFA prepared for this final rule is available 
from NMFS (see ADDRESSES).

Response to Comments

    NMFS received 34 written comments from individual members of the 
public. All written comments can be found at www.regulations.gov; type 
``NOAA-NMFS-2024-0021'' in the Search box (note: copying and pasting 
the FDMS Docket Number directly from this document may not yield search 
results). Below, NMFS summarizes and responds to the comments made on 
the proposed rule during the comment period.
    Comment 1: NMFS received multiple comments expressing concerns with 
codifying specific days as RFDs. Commenters felt that codifying RFDs 
would not provide NMFS the flexibility to respond to changes in BFT 
stock status, the environment, the regulations, and market conditions.
    Response: NMFS disagrees that codifying specific days as RFDs would 
reduce the flexibility needed to respond to such changes. As stated in 
the proposed rule, NMFS may waive previously scheduled RFDs under 
certain circumstances, consistent with Sec.  635.23(a)(7). 
Specifically, NMFS may waive an RFD(s) by adjusting the daily BFT 
retention limit from zero up to five on specified RFDs, after 
considering the inseason adjustment determination criteria at Sec.  
635.27(a)(7). These considerations include, among other things, review 
of dealer reports, daily landing trends, and the availability of BFT on 
fishing grounds. We would announce any such waiver by filing a 
retention limit adjustment with the Office of the Federal Register for 
publication. NMFS also may waive previously designated RFDs effective 
upon closure of the General category fishery so that persons aboard 
vessels permitted in the General category may conduct tag-and-release 
fishing for BFT. Similarly, if NMFS is conducting a rulemaking as a 
result of changes in the BFT stock status, BFT quotas, or other related 
situations, NMFS could consider the combined impacts of RFDs and those 
changes on the fishery, and, if needed and appropriate, propose changes 
to the codified RFD schedule.
    Comment 2: NMFS received several comments suggesting that the 
preferred 3-day RFD schedule has not been effective in extending the 
length of the season. Some commenters noted that data pre- and post-
establishment of RFDs indicate that NMFS should take other measures to 
control effort better. Many commenters stated that NMFS should set 
additional RFDs per week as the preferred 3-day RFD schedule has not 
accomplished the primary goal to allow fishing opportunities later into 
the applicable time periods.
    Response: NMFS disagrees that RFDs have not been effective in 
meeting its primary goal of extending the fishing season. NMFS 
acknowledges that in the past few years, with the 3-day RFD schedule of 
Tuesday, Friday, and Saturday from July 1 through November 30, the 
subquotas have still been harvested before the end of each time period, 
necessitating an early closure. However, this is because landings rates 
continue to be very high compared to past landings rates. This increase 
in landings rates may be due to various factors including increased 
availability of BFT and favorable weather conditions. The use of RFDs 
has extended the applicable time periods and has provided for 
additional fishing opportunities throughout each time period. Without 
RFDs, because of those high landings rates, the time period subquotas 
would likely have been met within days of each time period opening. 
Such a quick closure would not provide fishing opportunities through 
much of the fishing season.
    Thus, after considering public comment and reviewing daily catch 
landings data in recent and past years, NMFS is finalizing the 
codification of a 3-day RFD schedule. NMFS is further setting a fourth, 
non-codified RFD for the 2024 fishing year (see Responses 3 and 4 for 
more information). NMFS believes the addition of a fourth day will 
further the objective of extending the fishing season and continuing to 
provide equitable fishing opportunities throughout the year and intends 
to evaluate after the 2024 fishing year

[[Page 47097]]

whether a permanent codification of a fourth RFD is warranted.
    Comment 3: NMFS received a variety of comments regarding a specific 
RFD schedule. Some commenters supported the preferred 3-day RFD 
schedule. One commenter supported a 3-day RFD schedule, but suggested 
that NMFS modify the days to Sunday, Monday, and Friday. The majority 
of commenters suggested that NMFS set 4 RFDs per week from July 1 
through November 30, with Sunday being added as the additional RFD. 
These commenters felt that the past years' schedule of 3 RFDs per week 
was not effective in extending the fishing season and stated that a 4-
day RFD schedule would extend the quota later into the season, while 
also reducing market saturation and improving BFT prices. Other 
commenters felt having 4 RFDs a week would have a negative economic 
impact on local coastal communities, would eliminate fishing 
opportunities for participants who can only fish during the weekend, 
and could result in safety-at-sea issues. Without specifying which 
specific days, some commenters supported 4 or more RFDs. A few of these 
commenters suggested 6 RFDs a week as long as NMFS had the flexibility 
to increase or decrease fishing days by waiving RFDs when needed, while 
one comment supported as many RFDs per week as would be needed to 
stabilize the BFT market. One commenter supported 4 RFDs per week from 
August through December.
    Response: A primary objective of this action is to slow the harvest 
rate of BFT in order to provide General category fishing opportunities 
through a greater portion of the General category time periods. As 
stated in the response to Comment 2, the RFD schedule in recent years 
(e.g., 3 RFDs per week on Tuesdays, Fridays, and Saturdays) has been 
effective at allowing extra fishing opportunities. However, the time 
period subquotas have still been reached quickly resulting in early 
closures of the General category. After reviewing public comments and 
catch rate data, NMFS has determined that it is appropriate to set a 
fourth RFD per week from July 1 through November 30 in 2024 to further 
slow the rate of catches in the General category and provide for 
additional fishing opportunities later into the applicable time 
periods. NMFS will evaluate/review the data from the 2024 fishing 
season to determine how well a fourth RFD achieves that objective. NMFS 
recognizes that a 4-day RFD schedule in 2024, specifically a Sunday, 
Tuesday, Friday, and Saturday schedule, would eliminate BFT commercial 
fishing opportunities on the weekend and may negatively affect 
commercial fishermen that currently only fish for BFT on the weekend. 
However, all General category and HMS Charter/Headboat permit holders 
that fish commercially for BFT are affected when the subquota is 
harvested quickly and the season is closed after only a few days. In 
those cases, commercial fishing opportunities for all General category 
and HMS Charter/Headboat permit holders fishing commercially for BFT 
are negatively affected. By setting a 4-day RFD schedule in 2024, we 
believe more fishing opportunities will be available for all General 
category participants later into each time period. Furthermore, NMFS 
has the ability to waive RFDs, if necessary. We believe this added 
flexibility provides NMFS effective tools to manage the General 
category fishery.
    Regarding safety-at-sea, NMFS recognizes that fishing can be 
dangerous in the best of circumstances. NMFS does not believe that a 4-
day RFD schedule inherently causes more safety issues than a 3-day RFD 
schedule. Under either schedule, fishermen are not required to go 
fishing and must make their own determination about whether to fish 
given the weather or other safety-at-sea conditions. If a schedule of 4 
RFDs per week in 2024 is successful at extending fishing opportunities 
throughout the fishing season, fewer fishermen may feel the need to go 
fishing on a non-RFD if the weather or other conditions are hazardous.
    Comment 4: NMFS received many comments in support of adding Sunday 
as a fourth RFD per week. The commenters who supported adding Sunday as 
an RFD noted the highest commercial landings and effort occur on 
Sunday. Some recreational commenters who supported Sunday as a fourth 
RFD felt the high commercial fishing effort on Sundays is detrimental 
to any recreational vessels trying to fish. One commenter noted fishing 
tournaments in New England do not operate on Sundays, and therefore a 
Sunday RFD would not cause any impacts to any General category 
participants in such tournaments. Some commenters opposed the addition 
of a Sunday RFD, noting that the addition of Sunday would eliminate 
commercial BFT fishing on weekends.
    Response: After considering public comment and further reviewing 
daily catch landings data in recent and past years, NMFS has determined 
that Sunday should be added as an additional non-codified RFD in 2024 
because Sundays have recently been high landings days in the General 
category. From 2021 through 2023 for the months with RFDs in place, the 
rate of landings on Sundays was relatively high (~14 metric tons (mt) 
per day). Recognizing the concerns from stakeholders regarding the 
addition of Sunday, at this time we are adding Sunday as an additional 
non-codified RFD per week only for the 2024 fishing year. This limited 
time should allow the opportunity to collect data and determine if it 
would be appropriate to include Sunday as a codified fourth RFD in 
future years. We recognize that the use of RFDs may allow for an 
increase in recreational catches of BFT on RFDs, including on weekends. 
However, the purpose of this action is not to increase recreational 
landings, but to extend the General category BFT fishery for 2024 year 
and during subsequent years. Although recreational landings may 
increase on RFDs, we note that the recreational quota has not been 
reached in recent years. Additionally, we emphasize that Charter/
Headboat permitted vessels must abide by established retention limits 
when fishing recreationally on RFDs. Thus, NMFS anticipates that 
recreational landings would remain within the current annual Angling 
category quota as specified at 635.27(a)(2).
    Furthermore, NMFS acknowledges that some HMS tournaments in the New 
England region may not include fishing on Sundays. However, NMFS is 
aware of some fishing tournaments that take place on Sundays in other 
regions during time periods when catch rates are high. RFDs that occur 
on a tournament date may negatively affect BFT fishing at those 
tournaments since some tournament participants are General category 
permit holders and are prohibited from fishing for BFT on RFDs. 
However, on an RFD, General category permit holders may still 
participate in non-BFT fishing during the tournament and may land 
sharks (if they also hold a shark endorsement), swordfish, billfish, 
and/or bigeye, albacore, yellowfin (YFT), and skipjack tunas 
recreationally as otherwise allowed. Additionally, on an RFD, Charter/
Headboat-permitted vessels may participate recreationally in HMS 
fishing tournaments, including for BFT, under the applicable Angling 
category restrictions and size class limits.
    Comment 5: NMFS received multiple comments that did not support 
establishing a default three-fish daily retention limit in the month of 
June and a default one-fish daily retention limit for all other months 
in time periods when the fishery is open (i.e., January through March 
and July through December. Commenters expressed concerns that a three-
fish daily retention

[[Page 47098]]

limit for the month of June results in too many landings in June for 
the June through August time period, which is contrary to the goal of 
this action. These commenters were also concerned that the default 
retention limit would not provide NMFS the flexibility to modify the 
retention limit if needed. Other commenters stated that a one-fish 
daily retention limit would preserve resources and ensure better market 
prices for BFT.
    Response: NMFS disagrees that having a default three-fish daily 
retention limit in June is contrary to the objectives of this action or 
would reduce the flexibility needed to modify the retention limit. In 
recent years, the rate of landings and overall fishing effort in the 
General category is typically slow in early June. For example, in 2023, 
the average amount of BFT harvested per day in June (i.e., 30 open 
days), with the three-fish daily limit, was 1.5 mt. From July 1 through 
August 17 (i.e., 28 open days), with the one-fish daily limit, the 
average amount harvested per day was 11.8 mt. In recent years, after 
consideration of the relevant criteria provided under Sec.  
635.27(a)(7), which includes consideration of catch rates, NMFS has 
regularly set the daily retention limit for the beginning of the June 
through August time period at three fish (e.g., 86 FR 27814, May 24, 
2021; 87 FR 32094, May 27, 2022; 88 FR 34454, May 30, 2023). During the 
month of June, NMFS monitors the landings closely, and, as appropriate, 
NMFS can reduce the limit to a one-fish daily retention limit to ensure 
fishing opportunities in all respective General category time periods 
and to ensure that the available quota is not exceeded. Any change in 
the retention limit considers the relevant criteria and includes 
consideration of the catch rates associated with the various authorized 
gear types (i.e., harpoon, rod and reel). Throughout the season, NMFS 
monitors landings and catch rates and will close the fishery or modify 
retention limits as appropriate to ensure the quotas are not exceeded. 
NMFS will continue to monitor and evaluate the effectiveness of all 
these management measures in the context of current conditions to 
determine whether other actions are necessary.
    Comment 6: NMFS received multiple comments suggesting that NMFS 
negotiate for more BFT quota at ICCAT citing increases in BFT biomass 
and shifts in BFT fishing grounds, resulting in high landings. Several 
commenters noted that the BFT stock has rebounded and is healthy. Some 
commenters noted that more quota is needed to address recreational 
trophy and tournament landings, both of which potentially affect 
General category participation and landings. One commenter expressed 
that NMFS should consider a special allocation for giant BFT caught in 
tournaments with no commercial sale.
    Response: The most recent western Atlantic BFT stock assessment, 
conducted in 2021, determined that the overfished status remains 
unknown and that the stock is not subject to overfishing. This stock 
status remains in effect. In 2022, NMFS increased the baseline U.S. BFT 
quota to 1,316.14 mt (not including the 25-mt ICCAT allocated to the 
United States to account for bycatch of BFT in pelagic longline 
fisheries in the Northeast Distant Gear Restricted Area), as codified 
at Sec.  635.27(a), consistent with Recommendation 21-07 adopted by 
ICCAT at the November 2021 annual meeting (87 FR 33049, June 1, 2022). 
ICCAT Recommendation 22-10 maintained the U.S. BFT quota as specified 
above. Further information on the BFT stock assessment and stock status 
can be found in the 2022 rule referenced above and associated EA.
    Regarding more quota for recreational trophy and tournament 
landings this would require modifications to the BFT quota for the 
Angling category quota and subquotas and NMFS is not considering 
modifications of the Angling category in this action. Additionally, 
regarding a special allocation for giant BFT caught in tournaments with 
no commercial sale, NMFS is not considering this modification, as it 
would require modifications to the BFT quota for the General category 
quota and subquotas. Amendment 13 to the 2006 Consolidated HMS FMP and 
its final rule (87 FR 59966, October 3, 2022) considered modifications 
to the BFT category subquotas. As described in Amendment 13, NMFS 
determined that the current structure of the BFT fishery provides 
equitable fishing opportunities. As such, Amendment 13 did not modify 
the General category subquota percentages. However, Amendment 13 
eliminated the Purse Seine category and proportionally reallocated 
Purse Seine category quota to all of the other BFT quota categories, 
including the General and Angling categories, resulting in an increase 
to the General category and Angling category quota and subquotas.
    Comment 7: One commenter referenced National Standard 4, which 
requires that conservation and management measures shall not 
discriminate between residents of different states, and expressed 
concerns that RFDs are set only for when BFT arrive off Maine versus 
year-round. Another commenter stated that NMFS has a responsibility to 
protect the economic value of the BFT fishery under the Magnuson-
Stevens Act and codifying effort controls will not provide the 
flexibility to do so.
    Response: The preferred alternatives are designed to extend fishing 
opportunities through a greater portion of the General category time 
period subquotas, prevent the overharvest of quota in any period, and 
improve distribution of fishing opportunities without increasing BFT 
mortality. This action also provides flexibility to waive codified RFDs 
(see response to comment 1). Consistent with National Standard 4, the 
preferred alternatives do not discriminate between residents of 
different States, as the measures considered in this action apply the 
same rules to all General category and HMS Charter/Headboat permit 
holders with a commercial sale endorsement fishing commercially for BFT 
regardless of their state of residence. The preferred RFD schedule does 
not apply only to certain regions. Instead, it applies to all regions, 
during time periods in which landings have been the highest, shortening 
the time it takes to meet relevant subquotas, resulting in inseason 
closures earlier than desired, and contributing to market gluts. In the 
final rule establishing the 2023 RFD schedule, NMFS considered, among 
other things, RFDs for the December, and the January through March time 
periods (88 FR 33839, May 25, 2023). Based on public comment, at that 
time, NMFS did not finalize RFDs for those time periods, in part 
because the weather during those periods already limits participation. 
NMFS did not reconsider RFDs during those time periods in this rule, as 
the reasons for not finalizing them in 2023 still apply.
    NMFS emphasizes that the Magnuson-Stevens Act requires the 
consideration and application of numerous factors when developing 
fishery conservation and management measures, including the ten 
National Standards at 16 U.S.C. 1851(a)(1)-(10). The proposed rule and 
EA did discuss past market conditions and recognized that this action 
should also help prevent large numbers of BFT from entering the market 
at the same time, which may indirectly affect price. While NMFS 
considered economic factors in the development of this action, the 
primary purpose of RFDs is not economic in nature. Rather, RFDs are an 
effort control used to extend General category fishing opportunities 
through a greater portion of the General category time period 
subquotas, prevent overharvest of quota in any period, and improve

[[Page 47099]]

distribution of fishing opportunities without increasing BFT mortality.
    Comment 8: NMFS received multiple comments expressing concerns with 
General category permit holders' participation in HMS tournaments. 
These commenters stated that tournaments contribute significantly to 
landings of General category BFT in the summer. Some commenters noted 
that BFT landed by General category vessels participating in 
tournaments that include BFT should not count toward the General 
category quota. Some commenters suggested that NMFS should require 
tournaments to be catch and release only for BFT. Some commenters 
suggested that NMFS should require all commercially-sized BFT that are 
landed during tournaments be weighed in dressed form rather than whole 
form. One commenter expressed that HMS Charter/Headboat vessels should 
be able to continue to fish in and sell BFT landed in tournaments.
    Response: NMFS disagrees that tournament landings contribute 
significantly to BFT General category landings in the summer. While 
NMFS acknowledges that tournament landings do affect landings in the 
General category, non-tournament landings constitute the majority of 
landings in the General category fishery in the summer. Furthermore, 
under the current regulations General category and HMS Charter/Headboat 
permitted vessels with a commercial sale endorsement may participate in 
BFT fishing tournaments (on non-RFDs) and must comply with the Atlantic 
Tunas General category regulations to land and sell commercial sized 
BFT (see Sec.  635.4(c)(3)). In recent years both fishermen and dealers 
have expressed concerns regarding General category participation in HMS 
fishing tournaments. At this time, NMFS is not considering action to 
modify existing regulations regarding General category participation in 
HMS tournaments. NMFS may consider potential changes to these 
regulations in the future, if warranted.
    Comment 9: NMFS received multiple comments suggesting alternative 
options to RFDs for the purpose of controlling fishing effort. One 
commenter suggested that NMFS take action regarding dealer and 
fishermen communication to reduce unsold fish. Some commenters noted 
that NMFS should not issue permits unless General category or HMS 
Charter/Headboat permit holders show proof of meeting safety 
regulations. These commenters cited that non-compliance of commercial 
safety gear, stickers, and handling restrictions by Charter/Headboat 
permit holders leads to an increase in General category fishing by 
inexperienced or unsafe fishermen resulting in BFT that are not handled 
properly for sale or landed and unsold.
    Response: NMFS believes that RFDs and retention limits offer the 
best options to pace General category landings to extend fishing 
opportunities through a greater portion of the time periods. 
Furthermore, as part of this action, NMFS is clarifying existing 
regulations to improve the understanding of vessel and dealer 
restrictions and requirements for participants in the General category 
BFT fishery. Through these measures, NMFS believes the number of unsold 
fish should be reduced. Additionally, in recent years (most recently in 
2023), NMFS has actively encouraged operators of vessels authorized to 
sell bluefin tuna to contact their local Atlantic tuna dealers before 
departing on a trip to determine if dealers are willing to purchase 
BFT.
    Regarding the commercial fishing vessel safety requirements, these 
requirements are promulgated and enforced by the U.S. Coast Guard, not 
by NMFS. Such provisions can be found in 46 CFR part 28. Modifying the 
prerequisites to obtain an HMS permit is outside the scope of this 
action, however NMFS takes the suggestion under advisement.
    Comment 10: NMFS received one comment requesting that NMFS ban 
imports of BFT or YFT when the fishery is open and ban imported farm/
pen raised tunas.
    Response: This comment is outside of the scope of this action. 
Information regarding import restrictions can be found on the NMFS 
Office of International Affairs, Trade, and Commerce web page at 
https://www.fisheries.noaa.gov/about/office-international-affairs-trade-and-commerce.

Changes From the Proposed Rule

    Changes from the proposed rule were made in response to public 
comment and refined analyses for this final rule. Therefore, where 
relevant, the description of measures implemented by this final rule 
includes any changes from the measures in the proposed rule and EA. All 
changes in this final rule fall within the scope of, or are a logical 
outgrowth of, the alternatives in the proposed rule and Draft EA. The 
only changes from the proposed measures are to add Sunday as a 
temporary fourth RFD each week from July 1 through November 30, 2024, 
and some minor changes to the regulatory text as described below.
    NMFS proposed to set and codify a 3-day RFD schedule for every 
Tuesday, Friday, and Saturday from July 1 through November 30. As 
stated in the proposed rule, NMFS has used this RFD schedule since 2022 
(in 2021, NMFS used the same 3-day schedule from September 3 through 
November 30) to correspond with the time periods when catch rates have 
been historically high in the General category often resulting in 
premature closures of the fishery. In this final rule, NMFS is 
codifying the preferred RFD schedule of every Tuesday, Friday, and 
Saturday from July 1 through November 30, as proposed.
    However, as described in the responses to Comments 3 and 4, NMFS 
received many public comments suggesting that NMFS set a 4-day RFD 
schedule by adding Sunday as an additional RFD. Based on those public 
comments and refined analyses, NMFS decided to add Sunday as a fourth 
RFD each week for the 2024 fishing year. This change applies only to 
2024, and NMFS is not codifying by regulation a Sunday RFD through this 
action. Instead, NMFS may consider codifying Sunday as an additional 
RFD in the future if deemed appropriate.
    Thus, as part of this rule, NMFS is setting 4 RFDs per week for the 
2024 fishing year: every Sunday, Tuesday, Friday, and Saturday from 
July 1 through November 30. As stated in the Response to Comments 
section, NMFS maintains the ability to waive previously scheduled RFDs 
and would announce such waivers by filing a retention limit adjustment 
with the Office of the Federal Register for publication.
    NMFS has made a few minor changes to the regulatory text, which 
includes adding the word ``fishing'' to tag-and-release activities to 
Sec.  635.23(a)(7)(i), adding the words ``local time'' to Sec.  
635.31(a)(1), and technical editorial corrections to meet the Office of 
Federal Register guidelines.

Classification

    Pursuant to section 304(g) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator has determined that this final rule is 
consistent with the 2006 Consolidated HMS FMP and its amendments, other 
provisions of the Magnuson-Stevens Act, ATCA, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    A FRFA was prepared for this final rule. The FRFA incorporates the 
initial regulatory flexibility analysis (IRFA), a summary of the 
significant issues raised by the public comments in response to

[[Page 47100]]

the IRFA, NMFS' responses to those comments, and a summary of the 
analyses updated in response to the comments and completed to support 
the action. A copy of this analysis is available from NMFS (see 
ADDRESSES). A summary is provided below.
    Section 604(a)(1) of the Regulatory Flexibility Act (RFA) requires 
agencies to state the need for, and objective of, the final action. 
This action is consistent with the objectives of the 2006 Consolidated 
HMS FMP and its amendments, the Magnuson-Stevens Act, ATCA, and other 
applicable law. The need for this action is to simplify and clarify the 
regulatory process regarding RFDs. RFDs increase the likelihood of 
pacing General category landings to extend fishing opportunities 
through a greater portion of the General category time period 
subquotas. Additionally, this action would reestablish a General 
category retention limit on open days for better understanding by 
General category quota participants and clarify the existing HMS dealer 
regulations to improve the understanding of vessel and dealer 
restrictions and requirements for participants in the General category 
BFT fishery to ensure better compliance by dealers and dealers' agents 
when operating on an RFD. In short, the objective of this action is to 
modify the process of scheduling RFDs and reestablish a General 
category default daily retention limit for large medium or giant BFT on 
open days. As effort controls, both RFDs and daily retention limits are 
meant to extend General category fishing opportunities through a 
greater portion of the General category time period subquotas, prevent 
overharvest of quota in any period, and improve distribution of fishing 
opportunities without increasing BFT mortality. Lastly, this action 
would clarify existing HMS dealer regulations and the definition of a 
BSD tag to improve the understanding of vessel and dealer restrictions 
and requirements for participants in the General category BFT fishery.
    Section 604(a)(2) of the RFA requires a summary of significant 
issues raised by the public in response to the IRFA, a summary of the 
agency's assessment of such issues, and a statement of any changes made 
in the rule as a result of the comments. NMFS received 34 written 
comments on the proposed rule and Draft EA during the public comment 
period. A summary of those comments and the agency's responses are 
described above. No comments specifically referenced the IRFA, although 
some comments raised a variety of economic concerns including viability 
of the General category fishery with RFDs (see comment 3), retention 
limit impacts on ensuring higher market prices (see comment 5) and NMFS 
responsibility to protect the economic value of the BFT fishery (see 
comment 7). NMFS' responses to those comments are summarized above. 
After careful consideration of all the comments received, NMFS is: (1) 
codifying an RFD schedule every Tuesday, Friday, and Saturday from July 
1 through November 30 that will apply in 2024 and future years; (2) 
adding Sunday as an additional RFD for the 2024 fishing year; (3) 
establishing a General category default daily retention limit of three 
large medium or giant BFT per vessel on open days in June and one large 
medium or giant BFT per vessel on open days for all other months in 
time periods where the fishery is open; and (4) clarifying the 
regulations regarding BFT dealer activities on RFDs and the definition 
of a BSD tag.
    Section 604(a)(3) of the RFA requires the agency to respond to any 
comments filed by the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) in response to the proposed rule, and a detailed 
statement of any change made in the rule as a result of such comments. 
NMFS did not receive any comments from the Chief Counsel for Advocacy 
of the SBA in response to the proposed rule. As noted above, no 
comments specifically referenced the IRFA, although some comments 
raised a variety of economic concerns including viability of the 
General category fishery with RFDs (see comment 3), retention limit 
impacts on ensuring higher market prices (see comment 5) and NMFS 
responsibility to protect the economic value of the BFT fishery (see 
comment 7).
    Section 604(a)(4) of the RFA requires agencies to provide 
descriptions of, and where feasible, an estimate of the number of small 
entities to which the rule would apply. NMFS established a small 
business size standard of $11 million in annual gross receipts for all 
businesses in the commercial fishing industry (North American Industry 
Classification System (NAICS) 11411) for RFA compliance purposes. The 
SBA has established size standards for all other major industry sectors 
in the United States, including the scenic and sightseeing 
transportation (water) sector (NAICS code 487210), which includes for-
hire (e.g., charter/party boat) fishing entities. The SBA has defined a 
small entity under the scenic and sightseeing transportation (i.e., 
water) sector as one with average annual receipts (i.e., revenue) of 
less than $14 million. NMFS considers all HMS permit holders, both 
commercial and for-hire, to be small entities because they had average 
annual receipts of less than their respective sector's standard of $11 
million and $14 million. As of October 2022, there are 2,630 General 
category permit holders and 4,175 HMS Charter/Headboat permit holders, 
of which 1,873 hold HMS Charter/Headboat permits with a commercial sale 
endorsement.
    Section 604(a)(5) of the RFA requires agencies to describe any new 
reporting, record-keeping, and other compliance requirements. This 
final rule does not contain any new collection of information, 
reporting, or record-keeping requirements.
    Section 604(a)(6) of the RFA requires agencies to describe the 
steps taken to minimize the significant economic impact on small 
entities consistent with the stated objectives of applicable statutes, 
including a statement of the factual, policy, and legal reasons for 
selecting the alternative adopted in the final rule and why each one of 
the other significant alternatives to the rule considered by the agency 
which affect the impact on small entities was rejected.
    As described below, NMFS analyzed several different alternatives in 
this final rulemaking, including by incorporating updates as a result 
of public comments and additional data reviewed. NMFS also provides 
rationales for identifying the preferred alternatives to achieve the 
desired objectives. For purposes of the FRFA, NMFS assumes that each 
vessel will have similar catch and gross revenues to show the relative 
impact of the final action on vessels.
    Under Alternative A, the status-quo alternative, NMFS would 
maintain the status quo, and as needed, would continue the recent 
practice of conducting an annual rulemaking to set the schedule of RFDs 
for upcoming fishing years. The average annual revenue for BFT landed 
in the General category is approximately $9.9 million based on the 
average ex-vessel price from 2018 through 2022 and adjusted for 
inflation using the GDP Deflator. Overall, RFDs do not modify the 
General category quota and are designed to extend fishing opportunities 
through a greater proportion of the time periods in which they apply by 
spreading fishing effort out over time. To the extent that the ex-
vessel revenue for a BFT sold by a General or HMS Charter/Headboat 
permitted vessel (with a commercial endorsement) may be higher when a 
lower volume of domestically caught BFT is on the market at one time, 
the use of RFDs may result in some short-term increase in

[[Page 47101]]

BFT prices, and the value of BFT for the applicable General category 
time periods could increase. These increases in price are unlikely to 
impact the overall average annual revenue. Under this alternative, 
General category participants would continue to have the same 
opportunity to land the annual General category quota and subquotas as 
they have in the past few years. As such, NMFS expects this status quo 
alternative would have neutral economic impacts as it does not expect 
this alternative to have new economic impacts on small entities 
participating in the fishery beyond those currently occurring.
    Under Alternative B (Preferred Alternative), which NMFS is 
considering as four sub-alternatives (B1 is the preferred sub-
alternative), NMFS would modify the process for setting an RFD 
schedule. Under this alternative, NMFS would no longer need to conduct 
an annual rulemaking to set an RFD schedule. Instead, NMFS would codify 
the General category time periods and days in which RFDs would be 
applied as a default. NMFS could, if needed and as appropriate, conduct 
rulemaking to change the codified RFD schedule (e.g., remove an RFD or 
add an RFD). NMFS clarifies that this rulemaking could be for a change 
to the schedule on either a temporary or permanent basis. NMFS may 
waive these scheduled RFDs for the specific time periods and days on 
which they apply by adjusting the daily BFT retention limit from zero 
up to five after considering the criteria at Sec.  635.27(a)(7). NMFS 
also may waive previously designated RFDs effective upon closure of the 
General category fishery so that persons aboard vessels permitted in 
the General category may conduct only tag-and-release fishing for BFT 
under Sec.  635.26(a). Codification of default RFDs would provide 
greater certainty and predictability than annual rulemaking to schedule 
all RFDs for a certain year, providing some positive economic impacts 
to General category participants and dealers in terms of business 
planning. As stated above, the average annual revenue for BFT landed in 
the General category is approximately $9.9 million based on the average 
ex-vessel price from 2018 through 2022 and adjusted for inflation using 
the GDP Deflator. To the extent that the ex-vessel revenue for a BFT 
sold by a General or HMS Charter/Headboat permitted vessel with a 
commercial endorsement may be higher when a lower volume of 
domestically caught BFT is on the market at one time, the use of RFDs 
may result in some short-term increase in BFT prices, and the value of 
BFT for the applicable General category time periods could increase.
    As part of Alternative B, NMFS is considering four sub-alternatives 
specifying different days of the week when RFDs would take place to the 
RFD schedule for 2024 and subsequent years. In general, three of the 
sub-alternatives (B1, B2, B3) have similar economic impacts because 
they establish the same number of RFDs and RFDs do not modify the 
General category quota. Instead, RFDs are designed to extend fishing 
opportunities through a greater proportion of the time periods in which 
they apply by spreading fishing effort out over time. To the extent 
that the ex-vessel revenue for a BFT sold by a General or HMS Charter/
Headboat permitted vessel with a commercial endorsement may be higher 
when a lower volume of domestically caught BFT is on the market at one 
time, the use of RFDs may result in some short-term increase in BFT 
prices, and the value of the General category time period subquotas 
could increase.
    Under Sub-Alternative B1, the preferred sub-alternative for the RFD 
schedule, NMFS will codify a 3-day-per-week RFD schedule for every 
Tuesday, Friday, and Saturday from July 1 through November 30. This 
sub-alternative could have neutral to minor beneficial economic impacts 
on small entities participating in the fishery beyond those currently 
occurring because this schedule could extend fishing opportunities 
through a greater portion of the General category time periods in the 
fishing year while also reducing the influx of BFT products into the 
market, resulting in short-term increases in ex-vessel prices and 
revenues for General category participants. However, these short-term 
increases in price are unlikely to impact the overall average annual 
revenue.
    Under Sub-Alternative B2, NMFS would codify a 3-day-per-week RFD 
schedule for every Thursday, Friday, and Saturday from July 1 through 
November 30. This sub alternative could have neutral to minor adverse 
economic impacts on small entities participating in the fishery as four 
consecutive landings days could increase the influx of BFT products 
into the market resulting in a short-term decrease in ex-vessel prices 
and revenues for General category participants. This short-term 
decrease in BFT prices would be unlikely to impact the overall average 
annual revenue.
    Under Sub-Alternative B3, NMFS would codify a 3-day-per-week RFD 
schedule for every Friday, Saturday, and Sunday from July 1 through 
November 30. This sub-alternative could have neutral to minor adverse 
economic impacts on small entities participating in the fishery as RFDs 
for an entire weekend could negatively impact General category 
participants who can only commercially fish for BFT on the weekends. At 
this time, because current reporting requirements only track when a BFT 
is landed and not how often or when vessels fish, NMFS does not have 
estimates on how many General category permit holders follow this 
approach. However, under this sub-alternative, as with the other sub-
alternatives, all permit holders would have the opportunity to fish for 
BFT on non-RFDs. Based in part on public comments and upon reviewing 
fishing activities in past years, NMFS anticipates that General 
category participants would adjust their schedules, similar to 
fishermen behavior during past years' RFD schedules. As such, allowing 
4 consecutive landing days (even with the weekend restricted) could 
increase the influx of BFT products into the market resulting in a 
short-term decrease in ex-vessel prices and revenues for General 
category participants. This short-term decrease in BFT prices is 
unlikely to impact the overall average annual revenue.
    Under Sub-Alternative B4, NMFS would codify a 4-day (or more)-per-
week RFD schedule. Based on public comment and further reviewing of 
catch data, NMFS now believes that this sub-alternative could have 
minor beneficial to adverse economic impacts on small entities 
participating in the General category fishery as 4 or more RFDs could, 
rather than extending fishing opportunities, actually limit 
opportunities for General category participants to land the BFT quota 
and subquotas possibly resulting in underharvest and derby-like 
conditions. NMFS believes that a greater derby-like effect is expected 
with a greater number of RFDs per week. This derby-like effect, if 
large enough, could lead to an influx of BFT products into the market, 
which, depending on the schedule, could result in a decrease in ex-
vessel prices and revenues for General category participants, which may 
negatively impact overall average revenue. For instance, based on 
public comment, NMFS now believes that a 4 non-consecutive-day RFD 
schedule could reduce the influx of BFT products into the market which 
could result in short-term increases in ex-vessel prices and revenues 
and thus minor beneficial impacts for some General category 
participants who are able to participate on all open days. Overall, for 
the fleet, such a schedule would result in 3 days

[[Page 47102]]

per week for commercial BFT fishing opportunities. Under this scenario, 
NMFS would anticipate that some General category participants may be 
unable to take advantage of the limited open days; however, NMFS would 
anticipate the General category quota being fully utilized as effort 
would likely shift to the 3 open days. This would likely have neutral 
economic impacts because all participants will have the same 
opportunities to fish commercially on open days. However, an RFD 
schedule of 5 or more days per week would result in 2 or fewer days per 
week for commercial BFT fishing opportunities. Under this scenario, 
NMFS would anticipate greater numbers of General category participants 
being unable to take advantage of more limited open days. If fishing 
effort is reduced enough, this may lead to an underharvest of the 
General category quota and subquotas, and the underutilization of the 
available fishery resource. In this scenario, NMFS would anticipate 
more adverse economic impacts.
    As stated above in Sub-Alternative B1, NMFS is codifying a three-
day RFD schedule on Tuesdays, Fridays, and Saturdays from July 1 
through November 30. However, based on public comment on the proposed 
rule and Draft EA, NMFS is adding Sunday as an additional non-codified 
fourth RFD for the 2024 fishing year. Additionally, as noted above in 
the comments and responses, in further reviewing recent catch data, 
NMFS notes that from 2021 through 2023 for the months with RFDs in 
place, the rate of landings on Sundays was relatively high (i.e., ~14 
mt per day). The Sunday RFD will not be codified into the regulations 
at this time to allow for NMFS to gather additional data and observe 
how the fishery functions. Thus, for the 2024 fishing year, NMFS is 
setting an RFD schedule of 4 days (i.e., Sunday, Tuesday, Friday, and 
Saturday) every week from July 1 through November 30. When the July 
through November time period is open to fishing, all General category 
participants could fish on Monday, Wednesday, and Thursday. At this 
time, NMFS believes that this schedule in 2024 would likely have 
neutral to adverse economic impacts on individual General category 
participants who could only commercially fish for BFT on the weekends. 
However, these individuals would have the opportunity to fish 
commercially for other tunas (e.g., bigeye, albacore, yellowfin, 
skipjack) and non-HMS managed species on the weekends. Overall, for the 
fleet, such a schedule would likely have neutral to minor beneficial 
economic impacts because all participants will have the same 
opportunities to fish commercially on open days, and there is no change 
to the overall BFT General category quota and subquotas which NMFS 
anticipates would be fully landed with a possible increase in ex-vessel 
price due to landings being spread out over time.
    Under Alternative C, NMFS would remove RFDs from the existing HMS 
regulations and no longer set RFDs for the General category. As stated 
earlier in this document, the goal of RFDs is to extend General 
category fishing opportunities through a greater portion of the General 
category time periods. Without RFDs, high catch rates early in each 
time period would prompt NMFS to prematurely close the General category 
because the quota has been reached, even though fish may still be 
available on fishing grounds. Premature closure would mean commercial 
fishermen operating under the General category could not fish for, 
possess, retain, or sell commercial sized fish. To the extent that the 
ex-vessel revenue for a BFT sold by a General or HMS Charter/Headboat 
permitted vessel (with a commercial endorsement) may be higher when a 
lower volume of domestically caught BFT is on the market at one time, 
the use of RFDs may result in some short-term increase in BFT prices, 
and the value of the General category time period subquotas could 
increase. This alternative could have neutral to minor adverse economic 
impacts on small entities participating in the fishery. General 
category participants would likely land the subquotas over an extremely 
short time period increasing the influx of BFT products into the 
market, potentially resulting not only in an earlier closure of the 
fishery but also a slight decrease in ex-vessel prices and revenues for 
General category participants which may negatively impact overall 
average revenue.
    As part of Alternative D, NMFS is considering three alternatives 
specifying the General category retention limits for BFT. In general, 
the three Sub-Alternatives (D1, D2, and D3) have similar economic 
impacts as retention limits overall are designed to extend the length 
of the General category time periods when BFT can be landed, providing 
additional fishing opportunities while also reducing the influx of BFT 
products into the market, which could result in a short-term increase 
in ex-vessel prices for General category participants.
    Under Sub-Alternative D1, the status-quo alternative for retention 
limits, NMFS would maintain the current regulations at Sec.  
635.23(a)(3) which do not establish a default retention limit on open 
days (i.e., non-RFDs) when the General category is open. Under this 
alterative NMFS may set the General category default daily retention 
limit for large medium or giant BFT over a range of zero (on RFDs) to 
five BFT per vessel for each time period in an action published in the 
Federal Register. The daily retention limit would apply to General 
category permitted vessels and HMS Charter/Headboat permitted vessels 
with a commercial sale endorsement when fishing commercially for BFT. 
Overall, the use of retention limits would likely have neutral to minor 
beneficial economic impacts on small entities participating in the 
General category fishery as they could extend the length of the General 
category time periods when BFT can be landed, providing additional 
fishing opportunities while also reducing the influx of BFT products 
into the market which could result in a short-term increase in ex-
vessel prices for General category participants. This short-term 
increase in BFT prices are unlikely to impact the overall average 
annual revenue. NMFS expects the status-quo alternative to have neutral 
economic impacts as it does not change existing management.
    Under Sub-Alternative D2, NMFS would establish a General category 
default daily retention limit of one large medium or giant BFT per 
vessel on days when the General category is open. The daily retention 
limit would apply to General category permitted vessels and HMS 
Charter/Headboat permitted vessels with a commercial sale endorsement 
when fishing commercially for BFT. Retention limits would likely have 
neutral to minor beneficial economic impacts on small entities 
participating in the General category fishery as they could extend the 
length of the General category time periods when BFT can be landed, 
providing additional fishing opportunities while also reducing the 
influx of BFT products into the market which could result in a short-
term increase in ex-vessel prices for General category participants. 
However, since the current practice in recent years is to set a daily 
retention limit of three large medium or giant BFT per vessel on days 
when the General category is open, starting June 1 through June 30, a 
default of one BFT could potentially constrain the revenue of vessels 
that might have been able to land two or three BFT on open days from 
June 1 through June 30. Although this alternative may have a short-term 
minor

[[Page 47103]]

adverse impact on a limited number of individuals and their revenues 
(likely resulting in a short-term decrease in ex-vessel prices), NMFS 
expects that the overall average annual revenue would unlikely be 
impacted.
    Under Sub-Alternative D3, the preferred sub-alternative for 
retention limits, NMFS is establishing a General category daily 
retention limit of three large medium or giant BFT per vessel on open 
days in June and one large medium or giant BFT on days during all other 
months when the fishery is open (i.e., January through March and July 
through December; the General category BFT fishery is not open during 
the months of April and May) unless adjusted with an inseason action. 
The daily retention limit would apply to General category permitted 
vessels and HMS Charter/Headboat permitted vessels with a commercial 
sale endorsement when fishing commercially for BFT. Retention limits 
would likely have neutral to minor beneficial economic impacts on small 
entities participating in the General category fishery as retention 
limits could extend the length of the General category time periods 
when BFT can be landed, providing additional fishing opportunities 
while also reducing the influx of BFT products into the market which 
could result in a short-term increase ex-vessel prices for General 
category participants. Implementation of these default retention limits 
would align with current management practices and provide additional 
fishing opportunities in all respective time periods. Codifying the 
current retention limits and management practices would potentially 
reduce some uncertainty regarding future retention limits for General 
category participants and dealers and thus lead to some positive 
economic impacts associated with their improved business planning. NMFS 
expects that the overall average annual revenue would be unlikely to be 
impacted.
    Therefore in this final action, NMFS will finalize Alternative B, 
specifically the RFD schedule of Sub-Alternative B1, which would modify 
the process for setting an RFD schedule and codify a three-day-per-week 
schedule of RFDs for every Tuesday, Friday, and Saturday from July 1 
through November 30 for 2024 and subsequent years. Additionally, based 
on public comments, NMFS is also adding Sunday as an additional non-
codified RFD for the 2024 fishing year. This change occurred as a 
logical outgrowth of public comments and refined analyses of recent 
catch rates. Based on this change we are setting a four-day-per-week 
RFD schedule of every Sunday, Tuesday, Friday, and Saturday from July 1 
through November 30, 2024. NMFS may waive these scheduled RFDs for the 
specific time periods and days on which they apply by adjusting the 
daily BFT retention limit from zero up to five, after considering the 
criteria at 50 CFR 635.27(a)(7). NMFS also may waive previously 
designated RFDs effective upon closure of the General category fishery 
so that persons aboard vessels permitted in the General category may 
conduct only tag-and-release fishing for BFT under 50 CFR 635.26(a). 
NMFS may also remove or establish additional RFDs, either temporary 
ones (i.e., effective only for one fishing year) or permanent ones, as 
appropriate, through further rulemaking.
    NMFS also will finalize Sub-Alternative D3, which would establish a 
retention limit of three large medium or giant BFT (i.e., one fish 
measuring 73 inches or greater) per vessel on open days when the 
General category is open, for June 1 through June 30 unless adjusted 
with an inseason action, if warranted. For all other months in time 
periods where the fishery is open (i.e., January through March and July 
through December; note that the General category BFT fishery is not 
open during the months of April and May), the default retention limit 
of one large medium or giant BFT would go into effect on open days when 
the General category is open.
    In this final rule, NMFS is clarifying the regulations to specify 
explicitly when Atlantic Tunas General category and HMS Charter/
Headboat permit holders can sell BFT and permitted dealers can buy BFT 
related to RFDs as discussed in the proposed rule. These clarifications 
to the existing regulations are intended to aid in the enforcement of 
RFDs and address questions from fishing participants and dealers. As 
described in the proposed rule, these changes are administrative in 
nature and are therefore not expected to have any economic impact.
    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 (Pub. L. No. 104-121) states that, for each rule or group 
of related rules for which an agency is required to prepare a FRFA, the 
agency shall publish one or more guides to assist small entities in 
complying with the rule and shall designate such publications as 
``small entity compliance guides'' (see 5 U.S.C. 601). The agency shall 
explain the actions a small entity is required to take to comply with a 
rule or group of rules. As part of this rulemaking process, NMFS has 
prepared a small entity compliance booklet summarizing fishery 
information and regulations for Atlantic BFT General category RFDs, 
retention limits, and dealer requirements for 2024 and subsequent 
years. That booklet serves as the small entity compliance guide for 
this rule. Copies of this final rule and compliance guide are available 
on the HMS Management Division website.
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Fishing vessels, Foreign relations, Imports, 
Penalties, Reporting and recordkeeping requirements, Statistics, 
Treaties.

    Dated: May 23, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 50 CFR part 
635 as follows:

PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES

0
1. The authority citation for part 635 continues to read as follows:

    Authority:  16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.


0
2. In Sec.  635.2, remove the definition of ``BSD tag'' and add, in 
alphabetical order, the definition of ``Bluefin statistical document 
(BSD) tag'' to read as follows:


Sec.  635.2  Definitions.

* * * * *
    Bluefin statistical document (BSD) tag means a numbered tag affixed 
to a BFT issued by any country in conjunction with a catch statistics 
information program and recorded on a BSD.
* * * * *

0
3. In Sec.  635.5, revise paragraph (b)(2)(ii)(A) to read as follows:


Sec.  635.5  Recordkeeping and reporting.

* * * * *
    (b) * * *
    (2) * * *
    (ii) * * *
    (A) Affixing dealer tags. A dealer or a dealer's agent must affix a 
dealer tag to each BFT purchased or first received from a U.S. vessel 
immediately upon offloading the BFT. A dealer's agent is a person who 
is currently employed by a place of business covered by the dealer's 
permit; is a primary participant in the identification, weighing, and/
or first receipt of fish as they are received; and fills out dealer 
reports as required

[[Page 47104]]

under Sec.  635.5. If a vessel is placed on a trailer, the dealer or 
dealer's agent must affix the dealer tag to the BFT immediately upon 
the vessel being removed from the water. The dealer tag must be affixed 
to the BFT between the fifth dorsal finlet and the caudal keel. 
Regardless of when the BFT was landed, on an RFD (as specified at Sec.  
635.23(a)), no dealer or dealer's agent shall purchase, first receive, 
or affix a dealer tag to a BFT that is on or from a vessel that has an 
Atlantic Tunas General category permit or HMS Charter/Headboat permit 
with a commercial sale endorsement.
* * * * *

0
4. In Sec.  635.23, revise paragraphs (a) and (c)(3) to read as 
follows:


Sec.  635.23  Retention limits for bluefin tuna.

* * * * *
    (a) General category. (1) No school, large school, or small medium 
size class BFT may be possessed, retained, landed, or sold on or from a 
vessel that has an Atlantic Tunas General category permit.
    (2) The following default daily retention limits apply to vessels 
that have an Atlantic Tunas General category permit or HMS Charter/
Headboat permit with a commercial sale endorsement fishing under the 
General category restrictions and retention limits when the General 
category is open and the day is not an RFD and the retention limit has 
not been adjusted per paragraph (a)(3) of this section.
    (i) January 1 through March 31--one large medium or giant BFT, per 
vessel per day;
    (ii) June 1 through June 30--three large medium or giant BFT per 
vessel per day; and
    (iii) July 1 through December 30--one large medium or giant BFT per 
vessel per day.
    (3) To provide for maximum utilization of the quota for BFT, NMFS 
may adjust the daily retention limit of large medium or giant BFT over 
a range from zero (on RFDs) to a maximum of five per vessel per the 
inseason criteria provided under Sec.  635.27(a)(7).
    (4) Regardless of the length of trip, no person may land, possess, 
or retain more than the daily retention limit in effect for that day. 
When the applicable retention limit for large medium or giant BFT has 
been reached, no person aboard such vessels may continue to fish, and 
the vessel must immediately proceed to port.
    (5) From July 1 through November 30 of each year, every Tuesday, 
Friday, and Saturday is an RFD unless waived per paragraph (a)(7) of 
this section. On an RFD, no person who has been issued an Atlantic 
Tunas General category permit or issued an HMS Charter/Headboat permit 
and fishing commercially may fish for, possess, retain, land, or sell a 
BFT of any size class; or catch and release or tag and release, as 
specified under Sec.  635.26(a), a BFT of any size class.
    (6) NMFS may remove or establish additional designated RFDs, as 
appropriate, following public comment via publication in the Federal 
Register.
    (7) Designated RFDs may be waived in the following circumstances.
    (i) If the General category fishery is closed under Sec.  
635.28(a), any remaining RFDs for the relevant time period(s) are 
waived so that persons aboard vessels issued an Atlantic Tunas General 
category permit may conduct tag-and-release fishing for BFT under Sec.  
635.26(a).
    (ii) If, based on the criteria at Sec.  635.27(a)(7), NMFS 
determines that RFDs are not necessary, NMFS may waive RFDs by 
increasing the daily retention limit per paragraph (a)(3) of this 
section for a specific time period(s) via publication in the Federal 
Register.
* * * * *
    (c) * * *
    (3) When fishing other than in the Gulf of Mexico when the General 
category fishery is open and no RFD is in effect, a person aboard a 
vessel that has been issued an HMS Charter/Headboat permit with a 
commercial sale endorsement may fish under either the General category 
restrictions and retention limits as specified in paragraphs (a)(1) 
through (2) and paragraphs (4) through (5) of this section or the 
Angling category restrictions and retention limits as specified in 
paragraphs (b)(1) through (3) of this section. The size category of the 
first BFT retained will determine whether the General category or 
Angling category restrictions and retention limits apply to the vessel 
that day.
* * * * *

0
5. In Sec.  635.31, revise paragraph (a)(1) and add paragraph 
(a)(2)(iii) to read as follows:


Sec.  635.31  Restrictions on sale and purchase.

    (a) * * *
    (1) A person who owns or operates a vessel from which an Atlantic 
tuna is landed or offloaded may sell such Atlantic tuna only if that 
vessel has a valid HMS Charter/Headboat permit with a commercial sale 
endorsement; a valid Atlantic Tunas General, Harpoon, Longline, or Trap 
category permit; or a valid HMS Commercial Caribbean Small Boat permit 
issued under this part and the appropriate category has not been closed 
as specified at Sec.  635.28(a). No person may sell a BFT smaller than 
the large medium size class. No large medium or giant BFT may be sold 
if caught by a person aboard a vessel with an Atlantic HMS Charter/
Headboat permit fishing in the Gulf of Mexico at any time or outside 
the Gulf of Mexico when the General category fishery has been closed 
(see Sec.  635.23(c)). A person may sell Atlantic BFT only to a dealer 
that has a valid permit for purchasing Atlantic tunas issued under this 
part. A person may not sell or purchase Atlantic tunas harvested with 
speargun fishing gear. A person issued an Atlantic Tunas General 
category permit or HMS Charter/Headboat permit with a commercial sale 
endorsement must land, sell, or transfer a BFT to a dealer that has a 
valid permit for purchasing Atlantic tunas no later than 0000 local 
time the day prior to an RFD, as specified at Sec.  635.23(a). If that 
person is unable to sell or otherwise transfer the BFT to a dealer who 
has a dealer permit for Atlantic tunas no later than 0000 local time, 
the person must follow the restrictions applicable to landed but not 
sold BFT specified at Sec.  635.5(a)(3). In no case shall such person 
possess a BFT on an RFD.
    (2) * * *
    (iii) Dealers may not first receive a BFT from a vessel that has a 
valid Atlantic Tunas General permit or HMS Charter/Headboat permit with 
a commercial sale endorsement after 0000 local time on an RFD, as 
specified at Sec.  635.23(a).
* * * * *

0
6. In Sec.  635.71, revise paragraph (b)(13) and add paragraph (b)(29) 
to read as follows:


Sec.  635.71   Prohibitions.

* * * * *
    (b) * * *
    (13) As a vessel with an Atlantic Tunas General category permit, 
fail to immediately cease fishing and immediately return to port after 
catching the applicable limit of large medium or giant bluefin tuna on 
a commercial fishing day, as specified in Sec.  635.23(a)(4).
* * * * *
    (29) As a dealer or dealer's agent, purchase, first receive, or 
affix a dealer tag to a BFT that is on or from a vessel that has been 
issued an Atlantic Tunas General category permit or HMS Charter/
Headboat permit with a commercial sale endorsement, as

[[Page 47105]]

specified in Sec.  635.5(b)(2)(ii)(A), after 0000 local time on an RFD.
* * * * *
[FR Doc. 2024-11870 Filed 5-29-24; 4:15 pm]
BILLING CODE 3510-22-P